Patna High Court
Surya Deo Pd.versusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition under Section 482 CrPC was dismissed because the underlying case was already disposed, rendering the petition infructuous.
Summary
The petitioner, Surya Deo, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 23 August 2018 of the Sub-Judge which had rejected his discharge petition under Section 245 CrPC. The Sub-Judge's order pertained to Complaint Case No. 93(C) of 2016, which, according to the trial court's report dated 15 May 2026, had already been disposed of. The petitioner argued that the matter had become infructuous and therefore the quash petition should be dismissed. The State, represented by an Additional Public Prosecutor, raised no objection to the petitioner's prayer. The High Court, after hearing both sides, held that since the underlying case was already disposed, the petition under Section 482 was no longer maintainable. Consequently, the court disposed of the petition as infructuous.
Issues considered
- Whether a petition under Section 482 CrPC for quashing a lower court order is maintainable when the underlying case has already been disposed?
Legislation cited
- Criminal Procedure Code — s. Section 245, Section 482
Subjects
- Criminal Procedure
- Section 482
- Section 245
- Infructuous petition
- Quash petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70128 of 2018
Arising Out of PS. Case No.-93 Year-2016 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Surya Deo Pd. S/o Late Dwarika Rai, Resident of Village Sipara, P.S.- Beur,
Dist.- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Shyam Narain Singh, aged about 45 years, S/o Late Ram Dayal Singh,
resident of Araki, P.O.- Jehanabad, P.S.- Jahanabad, District- Jahanbad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tilak Sao, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 02-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order 23.08.2018 passed by the
learned Sub-Judge XII cum A.C.J.M., Patna in Complaint Case
No. 93 (C) of 2016 by which the discharge petition filed by the
petitioner under Section 245 Cr.P.C. was rejected.
3. As per the report of the learned Trial Court, vide
Letter No. 73 dated 15.05.2026, Complaint Case No. 93C of
2016 has already been disposed of.
4. Learned counsel for the petitioner submits that this
case has become infructuous, accordingly, the same may be
Patna High Court CR. MISC. No.70128 of 2018(3) dt.02-07-2026
2/2
disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of the learned counsel
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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